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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01133 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING SECTION 62-156 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SCHEDULE OF FEES", TO INCREASE AND ADD VARIOUS FEES AS SET FORTH IN SAID PLANNING AND ZONING MATTER RELATED FEE SCHEDULE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a period of approximately seven (7) years has elapsed since the last significant increase in the fees set forth in the subject Planning and Zoning fee schedule ("Fee Schedule"); and WHEREAS, the standard of review entailed by the subject procedures has become significantly more stringent and therefore more cumbersome as a result of pertinent statutes and applicable case law brought to bear since the enactment and revision of the Fee Schedule; and WHEREAS, the current Fee Schedule does not accurately reflect the actual cost incurred by the City in staff time for technical review, analysis and public hearing process often required for zoning and planning applications; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the City Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1: The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2: Chapter 62, Article VI, Section 156 of the Code of the City of Miami, Florida, as amended, is hereby amended as follows: {1} CHAPTER 62 ZONING AND PLANNING * ARTICLE VI. ZONING AND PLANNING FEES * City of Miami Page 1 of 6 File Id: 04-01133 (Version: 11 Printed On: 7/9/2024 File Number: 04-01133 Sec. 62-156. Schedule of fees. (a) Any application for a change in the district classification or modification of the regulations affecting any property or for a plan amendment or for any special permit required by the zoning ordinance, shall be accompanied by an application fee in the amount set forth opposite the requested item in this section: (1) Change of zoning district classification to: a. CS, PR, R-I, R-2: 1. Per square foot of net lot area ... $ 045 0.18 2. Minimum ... 635.00 780.00 b. R-3, R-4, 0, G/I: 1. Per square foot of net lot area ... 0.20 0.25 2. Minimum ... 750.00 c. C-1, C-2, I: 1. Per square foot of net lot area ... 0 0.31 2. Minimum ... 900.00 1,105.00 d. CBD and all SD's: 1. Per square foot of net lot area ... 0.30 0.37 2. Minimum ... 1,000.00 1,230.00 (2) Application to amend the comprehensive plan to: a. Conservation, recreation, residential single-family, residential duplex 300.00 370.00 b. Residential medium density multifamily ... /150.00 555.00 c. Residential high density multifamily, office, major public facilities, transportation/utilities . . . 550.00 675.00 d. Commercial/restricted, commercial/general and industrial ... 650.00 800.00 e. Central business district (CBD) ... 1,200.00 1,475.00 f. Surcharge for advertising each item ... 1,200.00 1,475.00 City of Miami Page 2 of 6 File Id: 04-01133 (Version: 11 Printed On: 7/9/2024 File Number: 04-01133 (3) Variances: a. CS, PR, R-1, R-2, (single-family and duplex residential uses) ... 250.00 305.00 b. Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot . .. /15.00 55.00 Minimum ... 700.00 860.00 c. All applications for variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in section 2502 of Zoning Ordinance No. 11000, as amended . ..0400.12 Minimum ... 650.00 800.00 (4) Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variance: a. CS, PR, R-1, R-2 ... 250.00 305.00 b. All other residential districts ... /150.00 555.00 c. All nonresidential districts ... 550.00 675.00 d. Extension of time for variance ... 500.00 615.00 (5) Special permits: a. Garage sale permit ... 25.00 30.00 b. Class I, except that for renewal of home occupation licenses for citizens aged 65 and over, and for applications under section 907.4, the fee is waived ... 150.00 185.00 c. Class II: 1. Signs, fences, canopies, minor appurtenances and minor repairs to be reviewed as required by the text or schedule of district regulations ... 75.00 92.00 2. CS, PR, R 1, R 2, R 3, R 4, 0, G/I, C 1, C 2, CBD, I: New construction or additions for all Zoning Districts: i. Per square feet of gross building area, based upon the definition of building (section 2502)... 0.023 0.28 Minimum ... /150.00 555.00 ii. Maximum.... 10,000.00 City of Miami Page 3 of 6 File Id: 04-01133 (Version: 11 Printed On: 7/9/2024 File Number: 04-01133 iii. Nonsubstantial modification ... 150.00 185.00 iv. Extension of time for a Class II special permit ... 150.00 185.00 3. All other applications as required by the text or schedule of district regulations .. 150.00 185.00 4. Demolition ... 150.00 185.00 5. Certificate of compliance in lieu of Class II special permit ... 50.00 The maximum amount of the fee for each Phase of a Phased Project, as defined in Article 25 of Zoning Ordinance No. 11000, requiring a Class II Special Permit shall not exceed 10,000.00 for each Phase, exclusive of the per square foot costs as set forth in paragraph (5)(c)(2)(i) herein. d. Special exception ... 800.00 985.00 Special exception requiring automatic city commission review 2,000.00 2,460.00 2. Extension of time for special exception ... 500.00 615.00 3. Nonsubstantial modification ... /100.00 490.00 4. Notice to adjacent property owners for nonsubstantial modifications (per name on matrix) ... -3 50 4.30 e. Major use and/or applications for development approval for developments of regional impact pursuant to F.S. ch. 380 (including new applications and/or proposed amendments to construct, add to, modify, convert, demolish or amend such projects): 1. For residential projects not classified as a "development of regional impact," per square foot of gross floor area (section 2502) ... 0.05 0.055 i. For nonresidential or mixed use projects not classified as a "development of regional impact," per square foot of gross floor area (section 2502) ... 0.075 0.09 ii. For alterations defined as a substantial change, per square foot of directly -affected floor area (section 2502) ... 0.05 0.06 iii. Minimum for applications for residential projects filed after April 15, 1993 (except for nonsubstantial and other amendments as provided for in paragraph (a)(5)e.3 below) ... 5,000.00 6,150.00 iv. Minimum for applications for nonresidential or mixed use projects filed after April 15, 1993 (except for nonsubstantial and other amendments as provided for in paragraph (c) below . . . 7,500.00 9,225.00 City of Miami Page 4 of 6 File Id: 04-01133 (Version: 11 Printed On: 7/9/2024 File Number: 04-01133 v. Maximum per phase for applications for residential projects (except for additional fees in paragraph (a)(5)e.3 below) ... 30,000.00 36,895.00 vi. Maximum per phase for applications for nonresidential or mixed use projects (except for additional fees in paragraph (c) below ... /15,000.00 55,345.00 vii. Nonsubstantial amendment ... 3,000.00 3,690.00 viii. Surcharges: (a) Advertising ... 1,150.00 1,255.00 (b) Traffic study review ... /1,500.00 4,920.00 2 For residential projects classified as a development of regional impact, per square foot of gross floor area (section 2502) ... 0.075 0.09 i. For nonresidential or mixed use projects classified as a "development of regional impact," per square foot of gross floor area (section 2502) ... 0.1 0.12 ii. For alterations defined as a substantial change, per square foot of directly affected floor area (section 2502) ... 0.075 0.09 iii. Minimum for applications for residential projects filed after April 15, 1993 (except for nonsubstantial and other amendments as provided for in paragraph (a)(5)e.3 below) .. . 10,000.00 12,300.00 iv. Minimum for applications for nonresidential or mixed use projects filed after April 15, 1993 (except for nonsubstantial and other amendments as provided for in paragraph (c) below) . . . 15,000.00 18,450.00 v. Maximum per phase of a residential project (except for additional fees as provided for in paragraph (a)(5)e.3 below) ... 65,000.00 79,940.00 vi. Maximum per phase of a nonresidential or mixed use project (except for additional fees as provided for in paragraph (c) below) ... 75,000.00 91,240.00 vii. Nonsubstantial amendment ... 5,000.00 6,150.00 Section 3: All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4: If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5: This Ordinance shall become effective thirty (30) days after final reading and adoption City of Miami Page 5 of 6 File Id: 04-01133 (Version: 11 Printed On: 7/9/2024 File Number: 04-01133 thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File Id: 04-01133 (Version: 11 Printed On: 7/9/2024